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SMITH v. BENNETT

No. 50419.

109 N.W.2d 703 (1961)

Neal Merle SMITH, Appellant, v. John E. BENNETT, Warden, Appellee. Richard W. MARSHALL, Appellant, v. John E. BENNETT, Warden, Appellee.

Supreme Court of Iowa.

May 29, 1961.

Attorney(s) appearing for the Case

Neal Merle Smith and Richard W. Marshall, pro se.

Evan L. Hultman, Atty. Gen., and John H. Allen, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellants Neal Merle Smith and Richard W. Marshall, confined in the men's penitentiary at Fort Madison, petitioned the district court of Lee county for writs of habeas corpus to test the legality of their imprisonment but did not pay the filing fees of $4 each as provided by section 606.15, Code 1958, I.C.A., because they were indigents. The clerk of the district court of Lee county refused to docket the petitions without payment of the filing fees.<...

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